DOT Delays Some Passenger Rights Regulations

The U.S. Department of Transportation has decided to delay the implementation of some of its new passenger rights rules until January 24, 2012. Several carriers, carrier associations and travel associations had requested that DOT delay the effective date of certain provisions of the rule because they will require deployment of additional IT resources, development of new protocols and training of personnel. Additional reasons for the delay request were undue costs of implementation to the airlines, impracticality of implementation, and confusion to the traveling public. Some airlines have also commenced legal challenges to some of the requirements. Most of the requirements went into effect August 23, 2011. However, after consideration, DOT agreed to delay implementation of some rules, until January 24, 2012. Those portions of the new rules scheduled to go into effect January 24, 2012, include:

Requirements concerning full fare advertising; [399.84] Requirements concerning baggage fees; [399.85(b) and (c) and 399.87] Requirements banning post-purchase price increases [399.88 and 399.89]; Requirements allowing passengers to hold a reservation without payment or to cancel it without a penalty, for 24 hours after the reservation is made, if the reservation is made one week or more prior to a flight's departure date; [259(b)(4)] Requirements concerning flight status notifications; [259.0] Partial Recap of Passenger Rights Rules

As a partial recap of some of the more important requirements, the new rules include greater passenger protection during lengthy tarmac delays, require increased denied boarding compensation, detail requirements of a carrier's Customer Service Plan, specify certain air carrier website requirements, and impose requirements for addressing passenger complaints. The new passenger protection rules are additions to 14 CFR Parts 244, 250, 253, 259 and 399.

Increased Compensation for Involuntary Denied Boarding

Involuntary denied boarding ("bumping") is recognized by DOT as a legitimate practice by airlines to regulate passenger load. Under new regulations, however, a passenger who is involuntarily denied boarding will get significantly more compensation.

Previously, a passenger was entitled to double the one-way value of their ticket (up to $400) if the airline could get the passenger to their destination within one to two hours of their originally scheduled arrival time for domestic trips, and within one to four hours for...